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HURLEY v. DUPUIS

No. 88-106.

759 P.2d 996 (1988)

James HURLEY, Jr., Claimant and Respondent, v. Oliver DUPUIS, Employer, and State Compensation Insurance Fund, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1988.

Attorney(s) appearing for the Case

Browning, Kaleczyc, Berry & Hoven, Oliver H. Goe, Helena, for defendant and appellant.

Michael C. Prezeau, Whitefish, for claimant and respondent.

GULBRANDSON, Justice.

The State Compensation Insurance Fund (State) appeals from a judgment of the Workers' Compensation Court. The Workers' Compensation Court held that the claimant, James Hurley, Jr. (Hurley) is entitled to benefits under § 39-71-703, MCA, based on Hurley's testimony that he was once employed at the rate of $12.44 an hour on a part-time basis and that this amount established his pre-injury earning capacity. We reverse.

The State presents...

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